Cole v. State

HILL, Justice.

[¶1] Ricky Darnell Cole asks whether the prosecutor committed misconduct when he referred to his race during rebuttal closing argument. We conclude there was no misconduct by the prosecutor, and affirm.

ISSUE

[¶2] Mr. Cole submits his single issue on appeal:

The prosecutor engaged in [prosecutorial] misconduct by appealing to racial prejudice in closing argument.

FACTS

[¶3] On September 19, 2016, in the early morning hours, Sandra Adams parked her mother’s vehicle in her driveway in Gillette. She left the vehicle unlocked and the keys in the center console. The next morning, she woke…